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You forgot the third situation.

I) You are currently sober. You met a girl at a bar and started talking. She's drunk, and you both go to her house and she agrees to having sex. You use the Donald Trump butt plug in your pocket and hear her moan for a wall to be built.


II) You and the girl you met at the bar are drunk. You go to her house, she asks for sex, and you two do it together.

III) Man is drunk and the woman is sober. Man forcibly has sex with the woman. =rape

In almost all situations the man is the rapist due to supposed power difference.